SPENCE & CO.'S LEASE

Since November 1868 Mr. Sandison's present firm of Spence

& Co. have been responsible as tacksmen for the rents of the

fishermen tenants of Major Cameron's estate in Unst. At that time

they obtained a tack of the estate for twelve years, which was

formerly described by Mr. Walker*, and is in some respects

peculiar. Spence & Co., as lessees of the greater part of the estate,

which includes nearly half of the island, pay a fixed sum of rent

(£1100), and are bound to expend, or to get the sub-tenants to

expend, a certain annual sum on improvements at the sight of the

proprietor. Regulations for the cultivation of the small farms are

annexed to the lease, and are to form conditions of the sub-leases

to be granted by Spence & Co. The effect of these regulations and

of the lease is thus explained by Mr. Sandison: [Comp. J. Walker,

15,977.]

* Truck Commission Evidence, qu. 44,450 sq. <See> Appx.

'10,159. Any tenants not complying with these regulations may

be removed by you?-Yes; they will get their leases unless they

comply with them, and we can remove them at any time ....'

'10,161. How many of the tenants have adopted these

regulations?-I should say that, to a greater or less extent, they

have all made a fair commencement in the improvements and

rotation of cropping.'

'10,162. But you have absolute power to remove them if they do

not comply with that?-We have. The property is absolutely let to

us, and we can absolutely turn them out if they do not comply with

the regulations. The lease is clear enough upon that point.'

'10,163. Have you had occasion to exercise that power?-Not in

any case.'

'10,164. Have you threatened to do so?-Not so far as is known to

me.'

'10,165. There is no obligation on the tenants, under this lease,

either to fish for you or to sell the produce of their farms to your

firm?-No; it is long since I read the lease, but I don't think there

is anything of that sort in it.'

'10,166. In point of fact, is there any understanding on the part of

the tenants that they are bound to do so?- No.'

'10,167. You have told them that they are under no such

obligation?-Yes.'

'10,168. But, in point of fact, most of them do sell their fish to

you?-They do.'

'10,169. And, in point of fact, most of them do sell their eggs and

butter to you?-I think the great bulk of them do, but I cannot tell so

well about the butter and eggs. We buy fully as much now at

Uyea Sound we did in any season before the company

commenced.'

'10,170. And a number of the tenants also run accounts for shop

goods with your shops?-Yes; I think most of them do so ....'

'10,174. But although this lease does not contain an express

condition that the tenants are to fish for you, it gives you a power

of ejecting them?-Of course it does.'

'10,175. And the tenants are aware of that?-Yes.'

'10,176. And of course they may feel a little more unwilling to

deal with another party or to fish for him in consequence? -That

may be. I don't know what their private feelings may be, but the

lease gives us a stronger power than that: it reserves the peats, and

what could they do without peats? We have absolute power in that

respect, if we choose to put it in force, but I hope never to see that

done. We can refuse them peats altogether and scattald altogether,

and we can shut them up altogether, but I hope I will never live to

see that day.'

'10,177. In short, you can do anything you please with the tenants,

except deprive any one of his holding who complies with these

rules and regulations?-Yes.'

'10,178. The only security he has is to comply with them?-Yes.'

'10,179. As to the peats and scattalds, he has no security at all?-

None.'

The rental annexed to the leases contains a list of 170 tenants,

paying £834, 19s. 4d., exclusive of certain farms which do not fall

under the lease until the expiry of current tacks. The surplus rent

paid by Spence & Co. is understood to be for the scattalds.

Mr. Spence, the senior partner of the firm of Spence & Co., speaks

of this liability of the curer for rent as a serious obstacle to the

introduction of a system of cash payments, which he and his

partners desire; but it is obvious that if payments were made in

cash, no such guarantees could reasonably be asked from the

curers. [J. Spence, 10,580 f.n.]

The evidence of Mr. Sandison above quoted, the belief which the

men themselves entertain, and the statements of Mr. Walker, the

factor on the estate, show that the tenants on this property can

hardly decline to fish for Spence & Co., even if there were other

large merchants in Unst who could furnish them with materials

and supplies, and purchase their fish. If they are not bound to sell

their fish to Spence & Co., they have no opportunity and no liberty

to sell them to any one else. [J. Harper, 10,404; J. Walker,

15,999.]

Second Shetland Truck System Report · 第 33 / 467 题